Lesser Included Offense

3,833 Florida cases classified under this topic · sorted by citation count

• Luchak v. State
  606 So. 2d 494· Fla. 4th DCA· 1992-10-21 ·cited 4×
  Luchak appeals his conviction for robbery with a weapon, challenging both the denial of his motion for judgment of acquittal and the constitutionality of Florida's habitual offender enhancement statute. The court affirmed the conviction, finding sufficient evidence to support the
• Beatty v. State
  606 So. 2d 453· Fla. 4th DCA· 1992-10-07 ·cited 4×
  Ronald Beatty appealed his conviction and sentences for indecent assault, raising claims about lesser included offenses, witness qualification, and counsel substitution. The Fourth District Court of Appeal affirmed the conviction and sentences while remanding to correct an admini
• Crawford v. State
  606 So. 2d 1204· Fla. 2d DCA· 1992-09-18 ·cited 4×
  The court affirmed the conviction for attempted second-degree murder, finding no fundamental error in the jury instructions. However, it reversed the conviction for aggravated assault, reinstating the jury's verdict for attempted armed robbery.
• United States v. White
  972 F.2d 590· 5th Cir.· 1992-09-04 ·cited 4×
  The court held that a defendant is entitled to a lesser-included offense instruction if there is any evidence, however weak, that rationally supports acquittal on the greater offense and conviction on the lesser.
• Gloster v. State
  603 So. 2d 1344· Fla. 2d DCA· 1992-08-12 ·cited 4×
  The court held that the trial court erred by refusing to give the standard jury instruction on false imprisonment, which would have allowed the jury to find the defendant not guilty if the imprisonment was solely to facilitate another felony.
• Paris Hoyt Carriger v. Lewis
  971 F.2d 329· 9th Cir.· 1992-07-28 ·cited 4×
  The court held that the petitioner is entitled to a new trial due to the jury not being given the option to convict of a lesser included offense and ineffective assistance of counsel.
• United States v. Chrismon
  965 F.2d 1465· 7th Cir.· 1992-06-29 ·cited 4×
  The court affirmed the convictions, finding no Sixth Amendment violations regarding co-defendant statements and upholding the denial of the motion to suppress Jackson's statement.
• United States v. Prusan
  967 F.2d 57· 2d Cir.· 1992-06-12 ·cited 4×
  The court reversed the dismissal of a count charging defendants with transporting guns into their state of residence, finding it was not the same offense for double jeopardy purposes as previously prosecuted conduct.
• Hassoun v. State
  599 So. 2d 215· Fla. 4th DCA· 1992-05-13 ·cited 4×
  The court affirmed the conviction, finding that any error in the jury instruction regarding knowledge of the substance's presence was harmless.
• Flowers v. Ill. Dep't of Corr.
  962 F.2d 703· 7th Cir.· 1992-05-07 ·cited 4×
  The court held that the jury instructions violated due process and were not harmless error, entitling the petitioner to habeas relief, but that the double jeopardy claim failed due to jury confusion.
• Kennedy v. Delo
  959 F.2d 112· 8th Cir.· 1992-03-19 ·cited 4×
  The court held that the petitioner procedurally defaulted on most claims and that the remaining claim regarding the jury instruction did not constitute a miscarriage of justice.
• United States v. Emmett Donald Doyle
  956 F.2d 73· 5th Cir.· 1992-02-28 ·cited 4×
  A defendant is entitled to a lesser-included offense instruction if the evidence would permit a jury to rationally conclude guilt of the lesser offense but not the greater.
• Kitchen v. State
  592 So. 2d 773· Fla. 3d DCA· 1992-01-28 ·cited 4×
  The court held that a conviction must be reversed if the trial court gives a jury instruction on a lesser included offense without defining the terms used in that instruction.
• United States v. Huguez-Ibarra
  954 F.2d 546· 9th Cir.· 1992-01-21 ·cited 4×
  The court held that the warrantless entry into the appellants' residence lacked probable cause, and thus the evidence seized should have been suppressed. The search warrant was also found to be unsupported by probable cause.
• Durand v. State
  590 So. 2d 505· Fla. 4th DCA· 1991-12-04 ·cited 4×
  The court held that the appellants' convictions for trespass and sentences, including restitution for medical expenses, were affirmed.
• United States v. Jessee Dean Cavanaugh
  948 F.2d 405· 8th Cir.· 1991-10-07 ·cited 4×
  The court held that the jury instructions erroneously considered assault a lesser included offense of murder and improperly foreclosed the jury from considering an assault that did not result in death, thus barring retrial on double jeopardy grounds.
• Weiner v. State
  587 So. 2d 560· Fla. 2d DCA· 1991-10-02 ·cited 4×
  The court held that the trial court committed fundamental error by failing to provide complete instructions on manslaughter, including definitions of justifiable and excusable homicide.
• United States v. Browner
  937 F.2d 165· 5th Cir.· 1991-07-23 ·cited 4×
  Assault with a dangerous weapon is not a lesser included offense of voluntary manslaughter under the strict statutory elements test adopted by the Supreme Court in Schmuck v. United States.
• Willis v. State
  583 So. 2d 699· Fla. 1st DCA· 1991-06-21 ·cited 4×
  The court held that confusing jury instructions regarding two counts of possession of cocaine, one a lesser included offense of the other, constituted reversible error.
• Chantay A. Cobb v. State
  582 So. 2d 81· Fla. 1st DCA· 1991-06-19 ·cited 4×
  Chantay Cobb appealed the summary denial of her Rule 3.850 postconviction motion seeking to withdraw a guilty plea based on ineffective assistance of counsel and involuntariness. The appellate court reversed and remanded, holding that Cobb established a prima facie case for relie
• United States v. Carpenter
  933 F.2d 748· 9th Cir.· 1991-05-15 ·cited 4×
  The court held that the Lacey Act requires a separate act of acquiring wildlife after it has been unlawfully taken, and that the Migratory Bird Treaty Act offenses were lesser-included offenses for sentencing purposes. The court affirmed false statement convictions but reversed L
• Deviney v. State
  579 So. 2d 373· Fla. 4th DCA· 1991-05-15 ·cited 4×
• Long v. State
  578 So. 2d 288· Fla. 2d DCA· 1991-04-24 ·cited 4×
  Victoria Long appealed her convictions for racketeering, conspiracy to commit racketeering, living from earnings of prostitution, and keeping a house of ill fame. The court affirmed her convictions for racketeering, conspiracy, and living off earnings, but reversed her conviction
• Alton Collins v. State
  578 So. 2d 30· Fla. 4th DCA· 1991-04-17 ·cited 4×
  The court held that adjudicating and sentencing appellant on both a greater offense and a necessarily included lesser offense violates double jeopardy principles. It also held that convicting for both driving under the influence and driving with an unlawful blood alcohol level ar
• Williams v. State
  579 So. 2d 754· Fla. 3d DCA· 1991-04-16 ·cited 4×
  The trial court erred in refusing to instruct the jury on simple robbery as a lesser-included offense of armed robbery, and this error was not harmless.
• Wolfe v. State
  576 So. 2d 915· Fla. 2d DCA· 1991-03-27 ·cited 4×
  The court held that the conviction for keeping a house of ill fame must be reversed because the statute was unconstitutionally vague, but the evidence supported a conviction for the lesser included offense of keeping a house of prostitution.
• ST. Clair v. State
  575 So. 2d 243· Fla. 2d DCA· 1991-02-08 ·cited 4×
  Albert St. Clair appeals his convictions for cocaine possession and delivery. The court vacates the possession conviction for lack of evidence that St. Clair ever possessed the cocaine, but affirms his delivery conviction, holding that a defendant can be convicted of drug deliver
• Pulido v. State
  566 So. 2d 1388· Fla. 3d DCA· 1990-09-25 ·cited 4×
  Jose Pulido appealed his convictions for sexual battery, attempted sexual battery, lewd and lascivious assault, and battery. The Florida Third District Court of Appeal affirmed most convictions but reversed one battery conviction for biting, finding it was a lesser-included act w
• Davis v. State
  567 So. 2d 25· Fla. 2d DCA· 1990-09-19 ·cited 4×
  Lee Curtis Davis appeals his convictions for sexual battery with physical force against a twelve-year-old victim, arguing these are not lesser-included offenses of his originally charged crime of sexual battery against a physically helpless victim. The appellate court affirms bot
• Henry v. State
  564 So. 2d 212· Fla. 1st DCA· 1990-07-10 ·cited 4×
  The court held that the trial court's jury instruction on a lesser included offense, to which defense counsel agreed, did not constitute fundamental error, even though possession of cocaine is not a lesser included offense of sale of cocaine.
• Amado v. State
  563 So. 2d 736· Fla. 2d DCA· 1990-06-08 ·cited 4×
  Ernesto Amado appeals his convictions for trafficking in and delivery of cocaine. The court affirmed the trafficking conviction but vacated the delivery conviction as a double jeopardy violation, and remanded for resentencing because the sentencing departure was based on an impro
• United States v. Cannon
  903 F.2d 849· 1st Cir.· 1990-05-18 ·cited 4×
  The court held that the jury's oral verdict, confirmed by polling, was not ambiguous despite a potentially ambiguous verdict slip, and that a toy gun can constitute a dangerous weapon under the statute.
• United States v. Sands
  899 F.2d 912· 10th Cir.· 1990-03-26 ·cited 4×
  The jury's verdict was not affected by references to the defendant's prior record.
• Wright v. State
  557 So. 2d 906· Fla. 2d DCA· 1990-03-02 ·cited 4×
  The court held that prosecuting and sentencing a defendant for both delivery and possession of the same cocaine constitutes a double jeopardy violation.
• United States v. Romero
  897 F.2d 47· 2d Cir.· 1990-02-20 ·cited 4×
  The court held that the evidence was sufficient to support the convictions for conspiracy and substantive offenses, and that the district court did not err in denying motions to suppress, sever, grant a continuance, or in its sentencing and jury charge decisions.
• Bagby v. Sowders
  894 F.2d 792· 6th Cir.· 1990-01-17 ·cited 4×
  The court held that the evidence did not warrant an instruction on the lesser included offense of sexual abuse in the first degree.
• Bright v. State
  555 So. 2d 1284· Fla. 3d DCA· 1990-01-16 ·cited 4×
  Charles Junior Bright appeals his convictions for armed kidnapping and firearm possession, challenging the trial court's instruction that self-defense was not available as a defense to the kidnapping charge. The court reversed, holding that the defendant was entitled to raise sel
• McKINNEY v. State
  553 So. 2d 796· Fla. 5th DCA· 1989-12-21 ·cited 4×
  The court held that convictions for both sale and possession of a single piece of cocaine cannot stand when the offenses occurred before the legislative amendment to section 775.021(4).
• Zanger v. State
  561 So. 2d 1185· Fla. 3d DCA· 1989-11-07 ·cited 4×
  William Zanger appeals his convictions for burglary of a dwelling with assault and trafficking in stolen property arising from a single home invasion. The Third District Court of Appeal reverses the trafficking conviction as duplicative of the robbery and burglary convictions, re
• Sutton v. State OF Md.
  886 F.2d 708· 4th Cir.· 1989-10-02 ·cited 4×
  The dissenting judge believes the judgment of the district court should be affirmed, disagreeing with the majority in banc opinion.
• Banner v. Davis
  886 F.2d 777· 6th Cir.· 1989-09-21 ·cited 4×
  The Sixth Circuit held that while the Tennessee Supreme Court's determination of legislative intent regarding cumulative punishments is generally binding, prior circuit precedent requires independent analysis of state statutes under the Blockburger test when legislative intent is
• State v. Manno
  550 So. 2d 31· Fla. 3d DCA· 1989-08-15 ·cited 4×
  Florida affirmed the trial court's grant of a new trial because the defendant was entitled to a jury instruction on reckless driving as a lesser included offense when the cause of death was disputed, despite the state's concession that reckless driving is necessarily lesser to ve
• Sands v. State
  547 So. 2d 293· Fla. 3d DCA· 1989-08-08 ·cited 4×
• Nash v. State
  547 So. 2d 147· Fla. 4th DCA· 1989-06-14 ·cited 4×
  John Nash appeals his armed robbery and grand theft convictions in Broward County on double jeopardy grounds. The Florida District Court of Appeal reverses both convictions, holding that Nash cannot be convicted of both offenses based on the same underlying act since grand theft
• Jarvis Jerome Dillard v. State
  544 So. 2d 329· Fla. 5th DCA· 1989-06-08 ·cited 4×
  The court held that the trial court erred by refusing to instruct the jury on simple battery as a lesser included offense of felony battery in a detention facility.
• Whiddon v. State
  539 So. 2d 586· Fla. 1st DCA· 1989-03-10 ·cited 4×
  Appellant Whiddon was convicted of aggravated battery and battery on a law enforcement officer for attacks on Deputy McLeod during an arrest. The Florida appellate court affirmed, holding that Crumley's single-act rule did not apply because Whiddon's repeated stomping of McLeod's
• Domingo Lazaro Simms v. State
  538 So. 2d 549· Fla. 3d DCA· 1989-02-21 ·cited 4×
  Domingo Lazaro Simms appealed his convictions for attempted armed robbery with a firearm and possession of a short-barreled shotgun, arguing the offenses arose from the same act and thus constituted impermissible double convictions. The Florida District Court of Appeal affirmed,
• United States v. Garcia
  868 F.2d 114· 4th Cir.· 1989-02-21 ·cited 4×
  The court held that the district court erred in setting aside the jury's verdict that the defendant used a deadly or dangerous weapon in resisting a federal officer, and that the defendant's conviction for unauthorized use of a vehicle was valid.
• Bagby v. Sowders
  853 F.2d 1340· 6th Cir.· 1988-08-10 ·cited 4×
  The court held that the prosecutor's comments were not manifestly intended to reflect the accused's silence and would not naturally and necessarily be understood as such by the jury.
• Date v. State
  528 So. 2d 547· Fla. 3d DCA· 1988-07-26 ·cited 4×
  Daryl Date appeals his convictions for possession of cannabis and conspiracy to traffic in cannabis. The Third District Court of Appeal affirmed the convictions but modified them to reflect lesser offenses based on the jury's ambiguous verdict and the state's concession of error